HomeMy WebLinkAbout03 - Amending Chapter 11.04 of the NBMC Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the BeachQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 29, 2025
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: Kelley Maslin, Sergeant - 949-644-3694, kmaslin@nbpd.org
TITLE: Ordinance 2025-6: Amending Chapter 11.04 (Parks, Park Facilities,
and Beaches) of the Newport Beach Municipal Code Related to the
Use of Bicycles, Electric Bicycles, and Other Such Devices on the
Beach
ABSTRACT:
For the City Council's consideration is the amendment of Newport Beach Municipal Code
(NBMC) Chapter 11.04 (Parks, Park Facilities, and Beaches) and the introduction of an
ordinance to prohibit the operation of bicycles, electric bicycles, electrically motorized
boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from
operation on beaches within the City of Newport Beach.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly or
indirectly; and
b) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2025-06: An Ordinance of the City Council of the City of Newport Beach,
California Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the
Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and
Other Such Devices on the Beach and pass to a second reading on May 13, 2025.
DISCUSSION:
The California Vehicle Code (CVC) classifies an e-bike as a bicycle equipped with an
electric motor less than 750 watts, ranging in top speeds between 20-28 mph. There are
three classes of e-bikes, defined as follows:
• Class 1 Electric Bicycles provide assistance only when the rider is pedaling and
ceases to provide assistance when the bicycle reaches a speed of 20 mph.
• Class 2 Electric Bicycles operate via pedal -assist or throttle and ceases to provide
assistance when the bicycle reaches a speed of 20 mph.
• Class 3 Electric Bicycles provide assistance only when the rider is pedaling and
ceases to provide assistance when the bicycle reaches a speed of 28 mph.
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Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC Related to
the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
April 29, 2025
Page 2
Class 1 and 2 e-bikes have no minimum age and no driver's license requirements.
A helmet is required for those under 18. Class 3 e-bikes have a minimum age of 16, but
do not require a driver's license for operation. A helmet is required for all ages.
Electric bicycles have become more prevalent in the community, as have the number of
complaints received by the Newport Beach Police Department regarding unsafe riding
practices. As a beach community, the city is fortunate to have a boardwalk, which offers
a unique set of challenges and safety concerns for pedestrians and others choosing to
utilize this beautiful pathway.
In an effort to increase boardwalk safety, in June of 2023, the Newport Beach
Police Department implemented the Boardwalk and Quality of Life Enforcement Program.
Police Department employees assigned to the program take enforcement action in
conjunction with providing education on relevant statutes and codes. This objective is
achieved with verbal counseling and guidance, but also with citations written for CVC and
NBMC violations, and effecting arrests where appropriate. The Boardwalk and Quality of
Life Enforcement Program is staffed by Newport Beach Police Department officers on an
overtime basis.
To highlight the increase in the prevalence of e-bikes surrounding the beaches and
boardwalk, the number of e-bikes stops conducted by officers working the Boardwalk and
Quality of Life Enforcement Program rose from 139 in 2023, to 292 in 2024. These
numbers solely reflect stops of e-bikes conducted by officers working this overtime
assignment, and do not take into account officers stopping e-bikes as part of their normal
patrol shifts, or e-bike stops in other parts of the city.
In addition to the increased number of e-bikes on the boardwalk, officers working the
Newport Beach Peninsula area have recently observed a significant increase in the
number of e-bikers riding their bikes on the sand. This poses a significant risk to
beachgoers for a variety of reasons. The speed capacity of the e-bikes as articulated
above, in combination with the terrain of the beach (which includes sand berms with
limited visibility), and large crowds during summer months, could lead to disastrous
consequences for beachgoers who aren't accustomed to looking out for vehicles while
enjoying the sand.
In addition to the safety concerns, e-bikers have been riding on the sand dunes, which
are considered an Environmentally Sensitive Habitat Area (ESHA). Sand dunes provide
nesting and shelter for several species of endangered birds and provide habitat for such
rare species as the California legless lizard and several species of Blue Butterfly. It is
imperative to keep e-bike riders off of these dunes in order to preserve this fragile habitat
area and prevent unnecessary destruction.
In an effort to proactively address the situation and enhance public safety, the
Newport Beach Police Department seeks to amend NBMC Chapter 11.04 (Parks,
Park Facilities, and Beaches) to prohibit the operation of cycles, electric bicycles,
electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and
surrey cycles from being operated on the City's beaches.
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Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC Related to
the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach
April 29, 2025
Page 3
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2025-06
Attachment B — Redline of NBMC Chapter 11.04.080
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ATTACHMENT A
ORDINANCE NO. 2025-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 11.04 (PARKS, PARK FACILITIES, AND
BEACHES) OF THE, NEWPORT BEACH MUNICIPAL
CODE RELATED TO THE USE OF BICYCLES, ELECTRIC
BICYCLES, AND OTHER SUCH DEVICES ON THE
BEACH
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the City owns and operates 6.7 miles of ocean beaches and 2.5
miles of bay beaches which attract tens of millions of visitors annually, resulting in high
pedestrian demand and crowded foot traffic, especially during holidays and peak
seasons;
WHEREAS, the City's beaches have seen a substantial increase in the use of
bicycles, electric bicycles, and other vehicles on the beach, which poses an
unreasonable risk of injury to beach pedestrians and to the safety of the cyclists;
WHEREAS, the City has approximately 50.4 miles of bike lanes, 9.6 miles of on -
street bike routes, and 20.1 miles of sidewalk authorized by resolution of the City
Council for bicycle use, all of which cyclists may utilize for travel throughout the City and
enjoy for cycling recreation;
WHEREAS, the City desires to maximize public use and enjoyment of the City's
beaches by implementing rules and regulations that promote the overall health, safety
and welfare of beachgoers by reserving use of the oceanfront beaches for pedestrians;
WHEREAS, the California Vehicle Code ("CVC") authorizes a public agency to
regulate the use of bicycles, electric bicycles, motorized bicycles, electrically motorized
boards, pedicabs, and other such devices within the jurisdiction of the public agency;
WHEREAS, Newport Beach Municipal Code ("NBMC") Chapter 11.04 (Parks,
Park Facilities, And Beaches) provides regulations regarding the use of the City's
beaches; and
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Ordinance No. 2025-
Page 2 of 6
WHEREAS, the City Council desires to amend NBMC Chapters 11.04 (Parks,
Park Facilities, And Beaches) to prohibit the operation of bicycles, electric bicycles,
electrically motorized boards, motorized bicycles, motorized scooters, pedicabs and
surrey cycles from operation on the City's beaches and to update provisions in the
NBMC related to said bicycles and similar devices.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The table for contents for Chapter 11.04 (Parks, Park Facilities, and
Beaches) of the NBMC is hereby amended to read as follows:
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030 General Administration.
11.04.040 Park Hours.
11.04.050 Closed Park Areas.
11.04.060 Permit or Agreement Requirement.
11.04.070 Prohibited Conduct.
11.04.080 Biking and Similar Activities on the Beach.
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
Section 2: Section 11.04.020 (Definitions) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of the NBMC is hereby amended to read as follows:
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings set forth in this section:
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Ordinance No. 2025-
Page 3 of 6
"Beach" or "beaches" means any public oceanfront or bayfront beach within the
City of Newport Beach, including ocean or bay public piers, public floats, public
wharves or public strands adjoining public oceanfront or bayfront beach areas.
"Bicycle" has the same meaning as defined in California Vehicle Code Section
231.
"Bicycle rack" means a structure or rack specifically designed for the fastening or
attaching of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department.
"Electric bicycle" has the same meaning as defined in California Vehicle Code
Section 312.5.
"Electrically motorized board" has the same meaning as defined in California
Vehicle Code Section 313.5.
"Instructional activity" means any educational or recreational program or activity
involving individual, team, or group instruction that is conducted or performed
when there is monetary consideration provided for participation in the program or
activity that occurs in a park, park facility, or on a beach.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code
Section 406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code
Section 407.5.
"Park" or "park facility" means all publicly owned or leased property, grounds,
parking lots, roadways, venues, bike paths, walking or hiking trails, parks and
park -related buildings, facilities and improvements, together with the sidewalks or
walkways abutting or adjoining the same, and any school facilities when they are
in use as recreational or community center facilities and under the control of the
Director.
"Park patrol" and "park patrol officer" mean and include the park patrol officers
authorized under Section 1.12.020.
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Ordinance No. 2025-
Page 4 of 6
"Pedicab" has the same meaning as defined in California Vehicle Code Section
467.5
"Surrey cycle" means a bicycle or electric bicycle with seating for one or more
persons which has four or more wheels.
"Regulations" means the provisions of this chapter and such rules, policies and
regulations established from time to time by the City Council or the Director for
the administration of this chapter.
Section 3: Section 11.04.080 (Biking and Similar Activities on the Beach) of
Chapter 11.04 (Parks, Park Facilities, and Beaches) is added to the NBMC and shall
read as follows:
Section 11.04.080 Biking and Similar Activities on the Beach.
It is unlawful for any person to drive or ride any bicycle, electric bicycle,
electrically motorized board, motorized bicycle, motorized scooter, pedicab or
surrey cycle on the sandy portion of any beach.
Section 4: Section 11.040.090 (Abandoned Bicycle) of Chapter 11.04 (Parks,
Park Facilities, and Beaches) of the NBMC is hereby amended to read as follows:
Any bicycle, electric bicycle, electrically motorized board, motorized bicycle,
motorized scooter, pedicab or surrey cycle that is attached or fastened to any
City property, including a bicycle rack, or left in a park, park facility, on a beach,
or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be
deemed abandoned property and may be impounded by the City. Any such
device which has been impounded by the City and held for ninety (90) days
without redemption by or on behalf of the lawful owner thereof shall, if saleable,
be sold at such time and place and in such a manner as required by California
Civil Code Section 2080 et seq.
Section 5: Section 11.040.130 (Exemption) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of the NBMC is hereby amended to read as follows:
The provisions of this chapter shall not apply to a law enforcement officer, an
employee or contractor of the City acting in the course and scope of their
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Ordinance No. 2025-
Page 5 of 6
employment, or to activities or programs of the Recreation and Senior Services
Department or authorized by a special event permit issued by the Director
pursuant to the provisions of Chapter 11.03.
Section 6: The City's Traffic Engineer or designee is hereby directed to erect
or place appropriate signs giving notice of the regulations imposed by this Ordinance.
Section 7: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 9: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 10: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
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Ordinance No. 2025-
Page 6 of 6
Section 11: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 29th day of April, 2025, and adopted on the 13th day of
May, 2025, by the following vote, to -wit:
AYES-
NAYS -
ABSENT:
JOE STAPLETON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPRCIVED AS TO FORM:
CI7V.0
TORNEY'S OFFI
- _ ''`J
N C. HARP, CITY ATTORNEY
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ATTACHMENT B
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030 General Administration.
11.04.040 Park Hours.
11.04.050 Closed Park Areas.
11.04.060 Permit or Agreement Requirement.
11.04.070 Prohibited Conduct.
11.04.080 Biking and Similar Activities on the Beach.
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
11.04.010 Intent and Purpose.
It is the policy of the City of Newport Beach to allow maximum public use of the City's
public parks, park facilities and beaches subject to rules and regulations necessary for
administration and maintenance of the City's public parks, park facilities and beaches. The
City Council finds that these rules and regulations are necessary to preserve and protect
the public health, safety and welfare. All persons using the City's public parks, park
facilities and beaches shall comply with the provisions of this chapter, in addition to any
other provisions contained within this code. Consistent with the provisions of this chapter,
the Director shall be responsible for administering the use of the City's public parks, park
facilities and beaches and shall be authorized to enforce this chapter and establish and
enforce policies, rules and regulations regarding the use and administration of the City's
public parks, park facilities and beaches. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3
(part), 2004)
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
set forth in this section:
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"Beach" or" beaches" means any public oceanfront or bayfront beach within the City of
Newport Beach, including ocean or bay public piers, public floats, public wharves or public
strands adjoining public oceanfront or bayfront beach areas.
"Bicycle" rneans a deviee upon which ai which is propelled exclusively
by human powerthrough a belt, chain, or gears, and which has one or more wheels has the
same meaning as defined in California Vehicle Code Section 231.
"Bicycle rack" means a structure or rack specifically designed for the fastening or attaching
of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section
312.5. "Electrically Motorized Board" has the same meaning as defined in California
Vehicle Code Section 313.5.
"Instructional activity" means any educational or recreational program or activity involving
individual, team, or group instruction that is conducted or performed when there is
monetary consideration provided for participation in the program or activity that occurs in a
park, park facility, or on a beach.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section
406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section
407.5.
"Park" or "park facility" means all publicly owned or leased property, grounds, parking lots,
roadways, venues, bike paths, walking or hiking trails, parks and park -related buildings,
facilities and improvements, together with the sidewalks or walkways abutting or adjoining
the same, and any school facilities when they are in use as recreational or community
center facilities and under the control of the Director.
"Park patrol" and "park patrol officer" mean and include the park patrol officers authorized
under Section 1.12.020.
"Pedicab" has the same meaning as defined in California Vehicle Code Section 467.5
"Surrey cycle" means a bicycle or electric bicycle with seating for one or more persons
which has four or more wheels.
"Regulations" means the provisions of this chapter and such rules, policies and
regulations established from time to time by the City Council or the Director for the
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administration of this chapter. (Ord. 2023-22 § 516, 2023; Ord. 2012-6 § 1 (part), 2012: Ord.
2004-26 § 3 (part), 2004)
11.04.030 General Administration.
A. Any activity held at a park, park facility, or beach will be conducted according to the
regulations of this chapter and all applicable laws, including fire and safety regulations and
applicable provisions of this code.
B. Any person or group of people violating the regulations or conditions of any permit shall
be subject to the immediate revocation of park or park facility use privileges provided in the
permit. The City shall be entitled to retain all fees previously paid.
C. Any person using a park, park facility, or beach shall be liable and responsible for
paying for any damage to any person or property including, but not limited to, City property
connected with such use.
D. When groups or organizations desire to use a park or park facility on a repetitive basis,
they shall first obtain the Director's approval through a separate park or park facility use
agreement. No person shall violate any conditions set forth in a use agreement or continue
to conduct any activity or use for which a use agreement is required upon revocation of a
use agreement.
E. Use of a park or park facility for group activities or events shall not interfere with the
public enjoyment of the park or park facility; detract from the health, safety, welfare or
recreation of the general public; cause unusual or extraordinary expense to the City; nor
draw crowds in excess of the capacity of the park or park facility.
F. Scheduling procedures, use regulations, and application processes for City parks or
park facilities shall be determined by the Director. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-
26 § 3 (part), 2004)
11.04.040 Park Hours.
No person shall enter or remain upon any park or park facility between the hours of 11:00
p.m. and 6:00 a.m. the following morning. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3
(part), 2004)
11.04.050 Closed Park Areas.
When necessaryfor the protection of the public interest, health, or welfare, the City
Manager, Director, Chief of Police, or Fire Chief shall have the authority to close from public
access or use any park, park facility, or portion thereof, on a temporary basis. No person
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shall enter or remain upon areas posted or publicly noticed as closed. (Ord. 2023-22 § 517,
2023; Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
11.04.060 Permit or Agreement Requirement.
A. The Director may issue permits allowing use of a park or park facility, or portion thereof,
by one or more persons to the exclusion of others in connection with planned social
occasions such as birthday parties, programs and recreational activities. No person other
than the person authorized by the permit shall enter or remain on designated park or park
facility, or portion thereof, during the period covered by the permit. All park or park facility
use permits issued may only be used by the permit holder. Director permits are
nontransferable.
B. The Director shall have the authority to post reservation notices at a park or park
facility, or portion thereof, notifying the public that a park or park facility, or portion thereof,
is reserved for exclusive use during a specified time period, pursuant to a permit. No
person shall disobey any reservation notice posted or issued by the Director relating to the
use of any park or park facility, or portion thereof, site, tables or other public
accommodations identified in the permit.
C. Any person that wishes to use a park, park facility, or a portion thereof, for repetitive
athletic league, team or group sporting activity, including any games, practices, clinics, or
other sport related events, shall first obtain a permit or use agreement from the Director
authorizing said use prior to occupying the park, park facility, or portion thereof, for said
activities.
D. No person shall conductor perform any instructional activity for monetary
consideration in a park, park facility, or on a beach without first obtaining a written
agreement from the Director to conductor perform said instructional activity in a park, park
facility, or on a beach. No person shall violate any conditions set forth in said written
agreement or continue to conduct any activity or use for which said agreement is required
upon revocation of said agreement.
E. Any person not having a permit for the use of a park or park facility shall surrender or
turn over possession of the park, park facility, or portion thereof, to any person having
possession of a valid permit from the Director. A person not having a permit from the
Director shall not refuse to or fail to surrender the use of such park, park facility, or portion
thereof, to any person who has a permit for the use of such park, park facility, of portion
thereof, from the Director. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004)
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11.04.070 Prohibited Conduct.
It is unlawfulfor any person to conduct, perform or participate in any of the following
activities at any park, park facility, beach or oceanfront boardwalk unless otherwise
authorized to do so bythe Director:
A. Hit, strike or chip a golf ball except in designated areas for such purposes.
B. Rollerblade, roller skate or skateboard on any public tennis or sport court.
C. Remove, damage or destroy any athletic equipment or paraphernalia provided by the
City for use, except, this section shall not apply to an employee of the City who removes
athletic equipment or paraphernalia while engaged in the course and scope of his or her
employment.
D. Play basketball on any outdoor public basketball court within three hundred (300) feet
of any residentially zoned parcel, between 7:00 p.m. and 8:00 a.m. the following morning.
E. Use any park or park facility when a fee is charged, or permit or use agreement is
required, without first having paid the required fee or having received any required permit or
use agreement as required under Section 11.04.030(D) or 11.04.060.
F. Drive, propel, ride or park or leave standing any vehicle propelled by a motor except in
areas designated for such purposes, except, this section shall not apply to an employee of
the City acting in the course and scope of his or her employment, or to activities authorized
by a special event permit issued pursuant to the provisions of Chapter 11.03. This section
does not permit public parking of event attendees.
G. Continuing to conductor perform any event, activity, behavior or conduct that is
determined to be unsafe, a nuisance, or a disturbance to the public by the Director, a park
patrol officer, code enforcement officer, lifeguard or peace officer after the person or group
of people conducting or performing the event, activity, behavior or conduct has been
issued a verbal or written warning that said event, activity, behavior or conduct has been
determined to be unsafe, a nuisance, or a disturbance to the public.
H. Engaging in any sidewalk vending activity unless conducted in compliance with
Chapter 5.97, or any successor chapter.
I. Use any public fountain, public drinking faucet, public restroom sink or public sprinkler
to wash dishes, clothing or garments, to bathe, or conduct personal hygiene (such as
washing hair or body with or without soap, shampoo or similar personal hygiene products;
shaving with or without shaving cream or similar personal hygiene products; oral care
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including using mouthwash or brushing teeth with or without toothpaste or similar
personal hygiene products; cleaning any injury, wound, lesion, gash or abrasion in any
manner with or without medical products, cleaning products or similar personal hygiene
products; using any medical or other personal hygiene product to rid the body of lice or any
disease, infection or growth).
J. Cut, break, injure, deface, or disturb any City tree, shrub, plant, rock, building, cage,
pen, monument, fence, bench or other structure, apparatus, or property. (Ord. 2024-19 § 6,
2024; Ord. 2023-11 §§ 3, 4, 2023; Ord. 2018-19 § 6, 2018; Ord. 2012-6 § 1 (part), 2012: Ord.
2004-26 § 3 (part), 2004. Formerly 11.04.080)
11.04.080 Biking and Similar Activities on the Beach.
It is unlawful for any person to drive or ride any bicycle, electric bicycle, electrically Formatted: Font: Not Bold
motorized board, motorized bicycle, motorized scooter, pedicab or surrey cycle on the
sandy portion of any beach.
11.04.090 Abandoned Bicycle.
Any bicycle, electric bicycle, electrically motorized board, motorized bicycle, motorized
scooter, pedicab or surrey cycle that is attached or fastened to any City property, including
a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a
period of forty-eight (48) hours or longer shall be deemed abandoned property and may be
impounded by the City. Any bicyclesuchdevice which has been impounded by the City and
held for ninety (90) days without redemption by or on behalf of the lawful owner thereof
shall, if saleable, be sold at such time and place and in such a manner as required by
California Civil Code Section 2080 et seq. (Ord. 2023-22 § 519, 2023; Ord. 2012-6 § 1 (part),
2012)
11.04.100 Violation of Rules and Policies of Department.
No person shall disobey or violate any of the written rules, policies or regulations issued by
the Director governing the use and enjoyment by the public of any park, park facility, or
beach. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.090)
11.04.110 Ejection.
Any person who violates any of the prohibited conduct provisions in this chapter shall be
guilty of disorderly conduct and may be ejected from the park, park facility, or beach by the
Director, a park patrol officer, a code enforcement officer, a lifeguard, or a peace officer.
(Ord. 2012-6 § 1 (part), 2012. Formerly 11.04.100)
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11.04.120 Prohibition Against Obstructing Performance of City Employee.
No person shall willfully delay or obstruct any City employee in the performance of his or
her duties in a park, park facility, or on a beach. (Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26
§ 3 (part), 2004. Formerly 11.04.110)
11.04.130 Exemption.
The provisions of this chapter shall not apply to a law enforcement officer, an employee or
contractor of the City acting in the course and scope of his erhem- their employment, or to
activities or programs of the Recreation and Senior Services Department or authorized by a
special event permit issued by the Director pursuant to the provisions of Chapter 11.03.
(Ord. 2012-6 § 1 (part), 2012: Ord. 2004-26 § 3 (part), 2004. Formerly 11.04.120)
11.04.140 Penalty.
Unlawful sidewalkvending activities shall be punished in accordance with Chapter 5.97.
(Ord. 2023-22 § 520, 2023; Ord. 2018-19 § 7, 2018; Ord. 2012-6 § 1 (part), 2012)
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